A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On April 20, 2016, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Busan District Court’s Branch Branch on April 20, 2016.

【Criminal Facts】

On August 29, 2020, at around 22:22, the Defendant driven an FM5 vehicle under the influence of alcohol content of about 0.169% in the section of approximately 1.5 km from the front day of the Incheon Michuhol-gu, Incheon to the front day of the E University located in Michuhol-gu, Incheon, to the road located in the Michuhol-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, repeated statements, and summary order-related Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the defendant had been punished for the same offense for the reason of sentencing under Article 62-2 of the Criminal Act, he/she repeated the crime, and the blood alcohol concentration at the time of the instant case is high.

However, considering the fact that the defendant is against the crime of this case and that he/she is expected not to repeat the crime by disposing of the vehicle that was driven after the crime of this case, the punishment as ordered shall be determined by taking into account all the circumstances such as the defendant's age, environment, etc.